United States v. Anthony Boykin
2015 U.S. App. LEXIS 8102
| 9th Cir. | 2015Background
- Anthony Boykin and his brother Patrick sold methamphetamine and cocaine in controlled buys from Aug 2006–Mar 2007; multiple confidential informants (Rios, Housley, Walton) were used.
- The February 9, 2007 controlled buy (at 251 Wilbur Ave.) implicated Boykin; Walton purchased from Patrick while Boykin was present and exchanged several phone calls with Patrick that day.
- At search of Boykin’s residence and 251 Wilbur Ave., agents seized cash, scales, drug residue/packaging, firearms (including a shotgun with Boykin’s fingerprints), and phones used in buys.
- Indictment charged conspiracy, six counts of methamphetamine distribution, and one count of cocaine distribution; jury convicted Boykin of conspiracy and six distributions (acquitted on one meth count).
- At sentencing, PSR recommended base offense level 34, +2 for firearm, criminal history IV; court granted 2-level reduction for acceptance and sentenced Boykin to 210 months (low end of guideline range, to match Patrick).
- On appeal Boykin challenged sufficiency of evidence for the Feb 9 buy (Count Six), sought downward departure/variance for sentencing manipulation, argued criminal history overstated, and contested sentencing enhancements (firearm and relevant-conduct attribution).
Issues
| Issue | Plaintiff's Argument (Boykin) | Defendant's Argument (Gov't) | Held |
|---|---|---|---|
| Sufficiency of evidence for Feb 9, 2007 distribution | Evidence did not show Boykin actually or constructively possessed or sold drugs on Feb 9 | Aiding-and-abetting instruction: circumstantial evidence (presence, calls, collaboration, related conduct) sufficed | Affirmed: evidence sufficient for aiding and abetting conviction |
| Sentencing manipulation / entrapment | Investigation was extended or staged (FBI memo, detective conflicts) solely to increase guideline exposure and drug quantities | Investigation legitimately continued to strengthen case and replace compromised informants; not solely to enhance sentence | Affirmed: no clear error; conduct troubling but not "outrageous" to warrant downward departure |
| Criminal history overstated | Underlying facts of misdemeanor convictions showed incidents were minor or mitigated, so CHC was overstated | Criminal-history points were properly calculated from convictions; district court not required to reweigh underlying facts | Affirmed: no abuse of discretion in leaving criminal history category unchanged |
| Firearm and coconspirator enhancements (relevant conduct attribution) | No sufficient connection between Boykin and recovered firearms; Feb 9 quantity was unforeseeable to him | Firearm enhancement applies unless clearly improbable weapon was connected; fingerprints and drug activity at locations support constructive possession; conspiracy liability allows relevant-conduct attribution | Affirmed: firearm enhancement and drug-quantity attribution proper; not clearly erroneous |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for assessing sufficiency of the evidence)
- United States v. Gillock, 886 F.2d 220 (aiding-and-abetting liability does not require actual possession)
- United States v. Torres, 563 F.3d 731 (sentencing-manipulation framework)
- United States v. Fontes, 415 F.3d 174 (outrageous-government-conduct test for extreme cases)
- United States v. Beltran, 571 F.3d 1013 (due-process-based relief for extreme sentencing-manipulation)
- United States v. Baker, 63 F.3d 1478 (government may continue investigation to probe enterprise; not per se manipulation)
- United States v. Willard, 919 F.2d 606 (relevant-conduct attribution in conspiracy)
- United States v. Kelso, 942 F.2d 680 (standard for applying firearm enhancement)